Republican Attorney General Derek Schmidt wants a chance to argue in court that Kansas Democrats are legally obligated to pick a new nominee for U.S. Senate.

Schmidt’s office Thursday asked a three-judge panel in Shawnee County District Court for permission to file friend-of-the-court arguments in a disgruntled voter’s lawsuit. A hearing in the case is set for Monday.

Democratic nominee Chad Taylor dropped out of the race against Republican Sen. Pat Roberts. The move was seen as helping independent candidate Greg Orman and hurting Roberts’ re-election prospects.

David Orel of Kansas City, Kansas, sued last week after the Kansas Supreme Court allowed Taylor’s name to be removed from the Nov. 4 ballot.

Orel is a longtime registered Democrat, though his son works on Republican Gov. Sam Brownback’s re-election campaign.